学校教育法第5条の成立と設置者負担主義(II 研究報告)

抄録

The principle of defrayment of school expenses by the establishers of schools has been one of the basic principles of the educational finance system in Japan since World War II. There is, however, little common comprehension about the significance of this principle, either in the administrative world or in the academic world. In this paper, the significance of this principle in the school system is examined through analysis of the formation of School Education Law Article 5 that prescribes this principle. This sentence of School Educational Law Article 5 reads as follows; "The establishers of schools shall manage the school which they established and defray the expenses of the school except for the cases specifically stipulated by laws or ordinances." The first half of this provision calls for the principle that school management is carried out by the establishers of schools while the latter part is called the principle of defrayment of school expenses by the establishers of schools. It is often said that the principle of defrayment of school expenses by the establishers of schools was valid not only after World War II but also before World War II, even before the establishment of the School Educational Law. However, before World War II, although there were ten types of Imperial Ordinances for schools, the provisions concerning this principle were written in only four Ordinaces: the Elementary School Ordinance, the Youth School Ordinance, the Secondary School Ordinance and the School for the Blind and School for the Deaf and Dumb Ordinance. From this fact it may be deduced that in cases where cities, towns and villages (or prefectures) were obligated to establish schools by the state, these provisions were required specifically, because it was assumed that the affairs of education were those of the state. Accordingly, before World War II, this principle meant that, although the state managed the shcools, cities, towns and villages (or prefectures) were obliged to defray the expenses of these schools. After World War II, responsibility for educational affairs were changed from the state level to the local level by educational reforms as well as local government reforms. The authority for school management, together with responsibility for defrayment of school expenses, has since belonged to the founders of schools as specified in the School Educational Law, Article 5. In this case, the point should be emphasized especially that local education has been separated from the control of the state. It can therefore be said that the principle of the defrayment of shcool expenses by the establishers has come to obtain significance concerning the principle that financially secures the self-governing control of the schools which have been established by cities, towns and villages (or prefectures).